HomeMy WebLinkAbout2013-10-24-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger, Edward D
McCarthy, Leo P McSweeney, David G Williams
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address 8 John Poulter Road, Map 40, Lot 194
The petitioner submitted the following information with the applications nature and
justification of request; a plot plan, elevations, photographs and step and landing
plans
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts
Commission Clerk. Comments were received from the Conservation Administrator,
Health Director and the Zoning Administrator
The Chairman opened the hearings at 7 34 pm by reading the legal notices and
described information received from the petitioner
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and section 135-9 4 2
to allow an increase in a nonconforming nature
Susanne Shavelson, owner of the property, presented the petition
A Board member asked what the steps would be made of (Replacing wood with
concrete footings)
There were no questions from audience
No one spoke in favor or in opposition to the petition
The Chairman closed the hearing at 7 38 pm
On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-8 4 2 and section 135-9 4 2 to
allow an increase in a nonconforming nature
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Acting Chairwoman Jeanne K. Krieger, Edward D
McCarthy, Leo P McSweeney, David G Williams and Associate member Richard A.
Michelson
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address 25 Harding Road, Map 71, Lot 139
The petitioner submitted the following information with the applications nature and
justification of request; a plot plan, elevations, floor plans, assessors' property card
and quitclaim deed dated August 30, 1996
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts
Commission Clerk. Comments were received from the Zoning Administrator
The Chairman opened the hearings at 7 39 pm by reading the legal notices and
described information received from the petitioner
The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-
Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 to allow an increase in
a nonconforming nature
David P Palm, owner of the property, presented the petition
At the hearing the Board received a letter of support from Betty J Palm of 20 Harding
Road
Board members had no questions One Board Member commented that it was an
interesting design
There were no questions from audience
No one spoke in favor or in opposition to the petition
The Chairman closed the hearing at 7 44 pm
On a motion by Leo P McSweeney and seconded by Richard A. Michelson, the Board
voted 5-0 to grant SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section 135-8 4 2 to allow an increase in a
nonconforming nature
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger, Edward D
McCarthy, Leo P McSweeney, David G Williams
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address 33 Hayden Avenue, Map 16, Lot 1C
The petitioner submitted the following information with the applications nature and
justification of request; a sign site plan, sign plans, photographs, letter of support from
Attorney Thomas Fenn dated October 14, 2013 and approval letter from Boston
Properties for signage dated October 1, 2013
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director; Economic Development
and the Historic Districts Commission Clerk. Comments were received from the
Economic Development office and the Zoning Administrator
The Chairman opened the hearings at 7 45 pm by reading the legal notices and
described information received from the petitioner
The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-5 2 10 to allow more or larger
signs than are permitted
Attorney Thomas Fenn, representing the company, Synageva Bio Pharma
Corporation, presented the petition With Attorney Fenn was the VP of the company
Chris Hagowick.
Attorney Fenn explained they had been before the Design Advisory Committee but
because the Committee did not have a quirum they could not have a formal vote but
had liked the design of the sign
One of the Board members asked if the sign was visible from Rte 2 and how late
would they be lit. (Maybe in the winter and the lights would be off between 11 00 pm
and 6 00 am)
Another Board member asked if the pictures on the panels would remain the same or
would the panels change from time to time (The panels would always be the same)
There were no questions from the audience
BOA Meeting October 24 2013 4
No one spoke in favor or in opposition to the petition
The Chairwoman closed the hearing at 7 55 pm
On a motion by Edward D McCarthy and seconded by Leop P McSweeney, the
Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-5 2 10 to allow for more or larger
signs than are permitted as per plans submitted with the application
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Chairwoman — Martha C Wood, Jeanne K. Krieger, Edward
D McCarthy, Leo P McSweeney and David G Williams
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address 358 Marrett Road, Map 33, Lot 7
The petitioner submitted the following information with the applications nature and
justification of request; a plot plan, elevations, plans, findings of fact dated September
27, 2013 from the applicant.
Prior to the hearing, the petitions and supporting data were reviewed by the Acting
Building Commissioner, Conservation Administrator, Town Engineer, Board of
Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts
Commission Clerk. Comments were received from the Zoning Administrator
The Chairman opened the hearings at 7 56 pm by reading the legal notices and
described information received from the petitioner
The petitioner is requesting SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-8 4 2 to allow an increase in a
nonconforming nature
Scott Lundahl, owner of the property, presented the petition
Board members had no questions
There were no questions from audience
No one spoke in favor or in opposition to the petition
The Chairman closed the hearing at 8 00 pm
On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-8 4 2 to allow an increase in a
nonconforming nature
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Chairwoman — Martha C Wood, Jeanne K. Krieger, Edward
D McCarthy, Leo P McSweeney and David G Williams
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Addresses 653R Lowell Street and 653 Lowell Street
The Board and the applicant agreed to hear the two hearings together
The petitioner submitted the following information with the applications
For 653R Lowell Street. nature and justification of request, a topographic plan,
plot plan, elevations, floor plans, 2 letters of support, tax bill and a deed dated
May 27, 1999
For 653 Lowell Street. nature and justification of request, a topographic plan,
plot plan, elevations, floor plans, 2 letters of support, tax bill and a deed dated
May 27, 1999
Prior to the hearing, the petitions and supporting data for both applications were
reviewed by the Acting Building Commissioner, Conservation Administrator, Town
Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the
Historic Districts Commission Clerk. Comments were received from the Health
Director, Planning Director and the Zoning Administrator
The Chairman opened the hearings at 8.01 pm by reading the legal notices and
described information received from the petitioner
The petitioner is requesting the following relief.
For 653R Lowell Street. 2 VARIANCES in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-4 4, Table 2, Schedule of
Dimensional Controls and section 135-4 2 2 to allow
1) Lot frontage of 30 ft. instead of the 150 ft. required and
2) Allow for a circle diameter of 24 ft. instead of the 120 ft. tangent to the lot
frontage
For 653 Lowell Street.
3 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the
Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Controls
and section 135-4 2 2 to allow
BOA Meeting October 24 2013 7
1) Lot area of 24,388 sq ft. instead of the required 30,000 sq ft.,
2) Frontage of 84 67 ft instead of the required 150 ft., and
3) To allow for a circle diameter of 67 82 ft. instead 120 ft. tangent to the
lot frontage
Attorney Edmund Grant presented the petition for the owners of the property, David
and Laurie Johnson
At the hearing Attorney Grant gave the history of the properties and the existing
conditions
Board members asked the aplicant to clarify where the 2 homes would be, if the grass
area belongs to the applicants or the gas station, and questioned the landscaping
plans
The Board and the applicant had a discussion on the landscaping and the Zoning
Administrator requested one of the plot plans to be marked as an exhibit for the
records
There were no questions from audience
No one spoke in favor or in opposition to the petition
The Chairman closed the hearing at 8 20 pm
On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 to grant 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Controls
and section 135-4 2 2 to 653R Lowell Street to allow
1) Lot frontage of 30 ft. instead of the 150 ft. required and
2) Allow for a circle diameter of 24 ft. instead of the 120 ft. tangent to the lot
frontage
With the condition that the living fence on the southern side of the property as marked
at the hearing shall be maintained
On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board
voted 5-0 to grant 3 VARIANCES in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) section 135-4 4, Table 2, Schedule of Dimensional Controls
and section 135-4 2 2 to 653 Lowell Street to allow
1) Lot area of 24,388 sq ft. instead of the required 30,000 sq ft.,
2) Frontage of 84 67 ft instead of the required 150 ft., and
3) To allow for a circle diameter of 67 82 ft. instead 120 ft. tangent to the
lot frontage
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013 8
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room
October 24 2013
Board Members Present. Chairwoman — Martha C Wood, Jeanne K. Krieger, Edward
D McCarthy, Leo P McSweeney and David G Williams
Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
OTHER BUSINESS
1) On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney the
Board voted to approve the minutes of October 24, 2013
2) On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney the
meeting was adjourned
Su6mitted 6y: Dianne Cornaro,Administrative Clerk
BOA Meeting October 24 2013 9